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Statistical Lessons of Ricci v. De Stefano Image

Statistical Lessons of Ricci v. De Stefano

Jonathan Falk

The first part of this article about the Supreme Court's ruling <i>Ricci v. De Stefano</i> discussed what statisticians really have to say about disparate impact. The conclusion herein addresses the results of, and lessons to be learned from, the <i>Ricci</i> case.

Features

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Business Crimes Hotline

ALM Staff & Law Journal Newsletters

National rulings you need to know.

Features

Expungement of Criminal Records in Federal Courts Image

Expungement of Criminal Records in Federal Courts

Steven F. Reich

This article examines the little-known and infrequently granted remedy of expungement in federal courts.

Features

<b><i>Commentary:</i></b> Social Networking Safety Act: A Mistaken Effort Image

<b><i>Commentary:</i></b> Social Networking Safety Act: A Mistaken Effort

New Jersey Law Journal Editorial

Our Incisive Media affiliate, <i>New Jersey Law Journal</i>, published the following commentary on the New Jersey legislature's attempt to react to the "sexting" issue by making Web site operators liable for what users write.

Features

IP Litigation: What Is It Good For? Image

IP Litigation: What Is It Good For?

Stanley P. Jaskiewicz

As obvious as this distaste for lawsuits may be to anyone who has ever been deposed, it nonetheless is often critical for businesses, and particularly technology firms, not only to be prepared to go (metaphorically) to war in the battlefield of the courtroom, but to actually take that step.

Features

Performing a Litigation Audit on Your Lease Agreements Image

Performing a Litigation Audit on Your Lease Agreements

Michael Eidel

This article discusses the applicable general principles and drafting considerations for some of the most frequently litigated boilerplate provisions: choice-of-law, forum selection, venue, jury trial waiver and attorney's fees.

Features

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Real Property Law

ALM Staff & Law Journal Newsletters

A look at recent cases.

Features

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Cooperatives & Condominiums

ALM Staff & Law Journal Newsletters

Recent important cases.

Features

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NJ & CT News

ALM Staff & Law Journal Newsletters

Important rulings in neighboring states.

Features

Monster Magazine Covers in Biography Are Fair Use Image

Monster Magazine Covers in Biography Are Fair Use

Shannon P. Duffy

In the movies, it seems that monsters are always up to no good ' making mayhem or setting fires. But in a federal court in Philadelphia recently, a couple dozen movie monsters made some important new law and set a few significant precedents in the area of copyrights and trademarks that may help to define the doctrine of fair use for years to come.

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MOST POPULAR STORIES

  • The 'Sophisticated Insured' Defense
    A majority of courts consider the <i>contra proferentem</i> doctrine to be a pillar of insurance law. The doctrine requires ambiguous terms in an insurance policy to be construed against the insurer and in favor of coverage for the insured. A prominent rationale behind the doctrine is that insurance policies are usually standard-form contracts drafted entirely by insurers.
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  • Abandoned and Unused Cables: A Hidden Liability Under the 2002 National Electric Code
    In an effort to minimize the release of toxic gasses from cables in the event of fire, the 2002 version of the National Electric Code ("NEC"), promulgated by the National Fire Protection Association, sets forth new guidelines requiring that abandoned cables must be removed from buildings unless they are located in metal raceways or tagged "For Future Use." While the NEC is not, in itself, binding law, most jurisdictions in the United States adopt the NEC by reference in their state or local building and fire codes. Thus, noncompliance with the recent NEC guidelines will likely mean that a building is in violation of a building or fire code. If so, the building owner may also be in breach of agreements with tenants and lenders and may be jeopardizing its fire insurance coverage. Even in jurisdictions where the 2002 NEC has not been adopted, it may be argued that the guidelines represent the standard of reasonable care and could result in tort liability for the landlord if toxic gasses from abandoned cables are emitted in a fire. With these potential liabilities in mind, this article discusses: 1) how to address the abandoned wires and cables currently located within the risers, ceilings and other areas of properties, and 2) additional considerations in the placement and removal of telecommunications cables going forward.
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